Tex. Health & Safety Code Section 481.121
Offense: Possession of Marihuana


(a)

Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

(b)

An offense under Subsection (a) is:

(1)

a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;

(2)

a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

(3)

a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;

(4)

a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;

(5)

a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

(6)

a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

(c)

It is a defense to prosecution for an offense punishable under Subsection (b)(1) or (2) that the actor:

(1)

was the first person to request emergency medical assistance in response to the possible overdose of another person and:

(A)

made the request for medical assistance during an ongoing medical emergency;

(B)

remained on the scene until the medical assistance arrived; and

(C)

cooperated with medical assistance and law enforcement personnel; or

(2)

was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.

(d)

The defense to prosecution provided by Subsection (c) is not available if:

(1)

at the time the request for emergency medical assistance was made:

(A)

a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or

(B)

the actor is committing another offense, other than an offense punishable under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or 481.118(b), or an offense under Section 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(b), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(a), 483.041 (Possession of Dangerous Drug)(a), or 485.031 (Possession and Use)(a);

(2)

the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 483 (Dangerous Drugs) or 485 (Abusable Volatile Chemicals);

(3)

the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119 (Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances)(c), 481.125 (Offense: Possession or Delivery of Drug Paraphernalia)(g), 483.041 (Possession of Dangerous Drug)(e), or 485.031 (Possession and Use)(c); or

(4)

at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.

(e)

The defense to prosecution provided by Subsection (c) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (c) is not available.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.105, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 808 (H.B. 1694), Sec. 9, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6), Sec. 16, eff. September 1, 2023.

Source: Section 481.121 — Offense: Possession of Marihuana, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­481.­htm#481.­121 (accessed Feb. 22, 2024).

481.001
Short Title
481.002
Definitions
481.003
Rules
481.031
Nomenclature
481.032
Schedules
481.033
Exclusion from Schedules and Application of Act
481.034
Establishment and Modification of Schedules by Commissioner
481.035
Findings
481.036
Publication of Schedules
481.037
Carisoprodol
481.061
Federal Registration Required
481.062
Exemptions
481.065
Authorization for Certain Activities
481.067
Records
481.068
Confidentiality
481.070
Administering or Dispensing Schedule I Controlled Substance
481.071
Medical Purpose Required Before Prescribing, Dispensing, Delivering, or Administering Controlled Substance
481.072
Medical Purpose Required Before Distributing or Dispensing Schedule V Controlled Substance
481.074
Prescriptions
481.075
Schedule Ii Prescriptions
481.076
Official Prescription Information
481.077
Chemical Precursor Records and Reports
481.080
Chemical Laboratory Apparatus Record-keeping Requirements
481.101
Criminal Classification
481.106
Classification of Controlled Substance Analogue
481.108
Preparatory Offenses
481.111
Exemptions
481.119
Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances
481.120
Offense: Delivery of Marihuana
481.121
Offense: Possession of Marihuana
481.122
Offense: Delivery of Controlled Substance or Marihuana to Child
481.123
Defense to Prosecution for Offense Involving Controlled Substance Analogue
481.124
Offense: Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance
481.125
Offense: Possession or Delivery of Drug Paraphernalia
481.126
Offense: Illegal Barter, Expenditure, or Investment
481.127
Offense: Unauthorized Disclosure of Information
481.128
Offense and Civil Penalty: Commercial Matters
481.129
Offense: Fraud
481.130
Penalties Under Other Law
481.131
Offense: Diversion of Controlled Substance Property or Plant
481.132
Multiple Prosecutions
481.133
Offense: Falsification of Drug Test Results
481.134
Drug-free Zones
481.135
Maps as Evidence of Location or Area
481.136
Offense: Unlawful Transfer or Receipt of Chemical Precursor
481.137
Offense: Transfer of Precursor Substance for Unlawful Manufacture
481.138
Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus
481.139
Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture
481.140
Use of Child in Commission of Offense
481.141
Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury
481.151
Definitions
481.152
Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Plants
481.153
Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Property
481.154
Rules
481.159
Disposition of Controlled Substance Property or Plant
481.160
Disposition of Excess Quantities
481.161
Disposition of Controlled Substance Property or Plant in Lieu of Destruction
481.181
Inspections
481.182
Evidentiary Rules Relating to Offer of Delivery
481.183
Evidentiary Rules Relating to Drug Paraphernalia
481.184
Burden of Proof
481.185
Arrest Reports
481.186
Cooperative Arrangements
481.201
Research Program
481.202
Review Board Powers and Duties
481.203
Patient Participation
481.204
Acquisition and Distribution of Controlled Substances
481.205
Rules
481.301
Imposition of Penalty
481.302
Amount of Penalty
481.303
Report and Notice of Violation and Penalty
481.304
Penalty to Be Paid or Informal Hearing Requested
481.305
Formal Hearing
481.306
Decision
481.307
Options Following Decision: Pay or Appeal
481.308
Stay of Enforcement of Penalty
481.309
Collection of Penalty
481.310
Decision by Court
481.311
Remittance of Penalty and Interest
481.312
Release of Bond
481.313
Administrative Procedure
481.314
Disposition of Penalty
481.351
Interagency Prescription Monitoring Work Group
481.352
Members
481.353
Meetings
481.354
Report
481.0355
Emergency Scheduling
481.0621
Exceptions
481.0755
Written, Oral, and Telephonically Communicated Prescriptions
481.0756
Waivers from Electronic Prescribing
481.0761
Rules
481.0762
Monitoring by Regulatory Agency
481.0763
Registration by Regulatory Agency
481.0764
Duties of Prescribers, Pharmacists, and Related Health Care Practitioners
481.0765
Exceptions
481.0766
Reports of Wholesale Distributors
481.0767
Advisory Committee
481.0768
Administrative Penalty: Disclosure or Use of Information
481.0769
Criminal Offenses Related to Prescription Information
481.0771
Records and Reports on Pseudoephedrine
481.1131
Cause of Action for Sale or Provision of Synthetic Cannabinoid
481.1191
Civil Liability for Engaging in or Aiding in Production, Distribution, Sale, or Provision of Synthetic Substances
481.1245
Offense: Possession or Transport of Anhydrous Ammonia
481.1285
Offense: Diversion of Controlled Substance by Registrants, Dispensers, and Certain Other Persons
481.07635
Continuing Education
481.07636
Opioid Prescription Limits

Accessed:
Feb. 22, 2024

§ 481.121’s source at texas​.gov